LSJAWARDNOTICECO2LASER.pdf

Form 02.4G.AA LSJ# 15-0053 1 December 2014

N6264515RC04000

LIMITED SOURCE JUSTIFICATION FOR FSS ORDER (above SAT)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Limited

Source Justification. The Naval Medical Logistics Command, acting on behalf of the USNS

Mercy (T-AH 19), intends to award a delivery order against Federal Supply Schedule contract, V797P-4410B, pursuant to the authority of the Multiple Award Schedule Program.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority of the Multiple Award Schedule Program (Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C. 501, Services for Executive Agencies). The proposed action is for one (1) CO2 Surgical/Dermatologic

Laser by Technical Communities, 1111 Bayhill Dr, STE 400, San Bruno, CA 94066. The government intends on awarding a Firm Fixed Price delivery Order.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is requirement one (1) CO2 Surgical/Dermatologic Laser for use onboard the USNS Mercy.

The laser must be FDA-Cleared to perform a scar revisions and a minimum of 100 Indications and 30 Aesthetic Indications, and shall be capable of the following; deep tissue penetration of up to 4mm per pulse, wavelength of 10,600nm, pulse energy ranging from 0-225mJ, a repetition rate of 0-1000Hz, a spot diameter of .1-2mm, a spot size of 1300 microns, and ablate tissue up to

1mm deep in 1milisecond or less.

, Navy funds in the amount of shall be used to procure this CO2 Surgical/Dermatologic Laser.

4. IDENTIFICATION OF THE JUSTIFICATION RATIONALE AND/OR

DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: The statutory authority which permits restricting consideration of schedule contractors to fewer than that required in FAR 8.405-1 is 41 U.S.C. 251, as implemented by FAR 8.405-6(a)(1)(i)(B), Only

One Source.

The Lumenis UltraPulse Fractional CO2 Laser System is the only unit on the market that has the capability to provide deep tissue penetration of up to 4mm per pulse, and able to ablate tissue up to 1mm deep in 1milisecond or less. No other vendor is capable of providing a unit that is capable of providing deep tissue penetration of up to 4mm per pulse, and able to ablate tissue up to 1mm deep in 1milisecond or less.

5. DETERMINATION OF THE BEST VALUE: GSA has determined the prices of supplies of the schedule contracts to be fair and reasonable for the purpose of establishing the schedule contract. Furthermore, ordering activities are responsible to make a separate determination of fair and reasonable pricing for individual orders. The Contracting Officer will determine, using the procedures in FAR 15.404-1, that the prices are fair and reasonable and will document such determination with a level of detail commensurate with the complexity and circumstances of each order

FAR 8.405-4 states that ordering activities shall seek a price reduction when the order or BPA exceeds the simplified acquisition threshold.

6. DESCRIPTION OF MARKET RESEARCH: The requiring activity and contracting activity have conducted market research among schedule holders. Market research was conducted by technical experts in December 2014. This research consisted of a market survey through search engines of Federal Supply Schedule contractors using the following search words: Fractional Laser, and Dermatologic Laser. Finally, a search was conducted through the

ECRI sourcebook catalog. Lumenis is the sole manufacturer of the UltraPulse Fractional CO2

Laser System and Technical Communities is the sole distributor of Lumenis products to the government. Consequently, the Government’s technical experts determined that Technical

Communities is the only source that can meet the Government’s requirements. The results of the market research are attached. The requiring activity certified that the requirement can be met by a commercial item and provides supporting documentation which is attached.

7. ANY OTHER SUPPORTING FACTS: This procurement uses a GSA Schedule and will be solicited and awarded in accordance with FAR Subpart 8.4.

8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: All future requirements will be handled on a case-by-case basis.

9. CONTRACTING POINT OF CONTACT: The point of contact at Naval Medical Logistics

Command, Fort Detrick, Maryland is

10. TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR

8.405-6(c)(2)(x).

I CERTIFY THAT THE FACTS AND REPRESENTATIONS UNDER MY COGNIZANCE

WHICH ARE INCLUDED IN THIS JUSTIFICATION, WHICH FORM A BASIS FOR THIS

JUSTIFICATION, ARE COMPLETE AND ACCURATE.

TECHNICAL COGNIZANCE

REQUIREMENTS COGNIZANCE

11. CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 8.405-6(d)(1).

I CERTIFY THAT THIS JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST

OF MY KNOWLEDGE AND BELIEF.

>$650k requires Legal Counsel and the Competition Advocate signature.